How Long Do You Have To Be Married To Get Alimony?

At Lincoln & Wenk, our clients often ask, “How long do you have to be married to get alimony?” and other questions about spousal maintenance in Arizona. Alimony is financial support that one spouse provides the other for a predetermined period as part of their divorce agreement. Marriages can end at any time for many reasons, so understanding the factors affecting alimony eligibility and duration is helpful to those going through a divorce.

Our lawyers are here to help during the divorce process, which can be legally complicated. Here, we explain what you should know about alimony.

When Does Alimony Become an Option for a Couple?

The courts sometimes award spousal maintenance to the lower-earning spouse, which the higher-earning spouse is responsible for paying. Alimony is something judges determine on a case-by-case basis; not all divorces include marital support.

How long do you have to be married to get alimony? In Arizona, there is no specific amount of time a couple must be married before one becomes eligible for spousal support. A person married for a month and one married for 15 years could both be eligible, depending on their unique circumstances.

Still, that does not mean the duration of the marriage does not play a role in a person’s eligibility and entitlement to alimony. The length of the marriage is the main factor the courts use when determining the amount and duration for which someone can seek spousal maintenance.

Which Factors Affect Marital Support Beyond the Length of the Relationship?

Although the time a couple spends married plays a role in answering “How long do you have to be married to get alimony in Arizona?” it is not the only factor. Other elements may contribute to a case, such as the following:

The Couple’s Standard of Living During the Marriage

The ideal outcome for many divorces is for both spouses to have a reasonable standard of living comparable to their marital household. Unfortunately, that is not always the case. That is why the courts often try to prevent lower-earning spouses from having drastically different post-divorce standards of living from their spouses through alimony.

Income Disparity Between the Couple

It is not unusual for married couples to earn different amounts of income; sometimes one spouse earns substantially more than the other. In such cases, a divorce could leave the lower-earning spouse with a heavier financial burden. If the income disparity is too wide, the courts may be more inclined to award alimony, regardless of how long the couple was married.

The Spouses’ Health and Age

People who have health issues or disabilities are more likely to be eligible and entitled to spousal maintenance. The same goes for individuals of a certain age. The reason these factors contribute to a person’s spousal support eligibility and entitlement is due to their reduced capacity to earn money to support themselves after the divorce.

Future Earning Potential

A person’s future earning potential may also be a factor. Sometimes, the courts will review a person’s work experience, education, and current job market conditions to determine how well someone could take care of themselves and their families post-divorce.

Marital Contributions

Did you put a substantial amount of your income into your household during the marriage? Did you contribute to the relationship by managing the household instead of finding employment? During the marriage, did you contribute to your partner’s career advancement or education?

If the answer is yes to either question, you may be eligible for spousal support. The courts often consider direct and indirect financial contributions to the marriage in their decisions.

How Long Do Alimony Payments Last in Arizona?

Here is a general idea of alimony durations based on how long a couple stays married in Arizona:

• Married under 24 months: Up to 24 months of support
• Married for 24 to 60 months: Up to 36 months of support
• Married for 60 to 120 months: Up to 48 months of support
• Married for 120 to 192 months: Up to 60 months of support
• Married longer than 192 months: Up to 92 months of support

Judges in Arizona generally follow the above guidelines unless a case involves a permanent disability or the Rule of 65. The courts determine alimony for people with disabilities on a case-by-case basis.

The Rule of 65 exemption is possible if the age of the person seeking spousal support and the length of the marriage exceed 65. If the exemption is active, the calculated duration range does not apply.

Common Types of Alimony

When answering questions like “How long do you have to be married to get alimony?” it is important not to overlook the fact that spousal maintenance can take many forms. Here are some of the common types of alimony and their effects on spousal support durations:

Temporary Alimony (Pendente Lite)

Pendente lite alimony refers to spousal payments that the courts may award someone while they are in the process of divorce. The length of the marriage does not play a significant role here.

Instead, the courts award this kind of alimony so a person can maintain the status quo during the divorce process. It ends once the courts finalize the divorce.

Short-Term Alimony

With short-term or rehabilitative alimony, the payments usually start after the divorce to help the recipient become self-sufficient. It may last long enough for them to undergo additional training or pursue education to help them earn more income. Short-term alimony is common in shorter marriages.

Periodic Alimony

The duration of periodic spousal maintenance usually aligns with the length of the marriage. The courts often award people this kind of spousal support when their marriages last for 10 years or longer.

Lump-Sum Alimony

Although lump-sum alimony is not as common as the other types, it is still a possibility for some people. In this case, the courts will grant the maintenance regardless of the relationship’s length. Cases that involve complex asset division may benefit from lump-sum alimony if the higher-earning spouse wants to settle all of their obligations at once.

Can Marital Support Become Permanent?

Typically, spousal maintenance is temporary to help the lower-earning partner become self-sufficient post-divorce. In other words, the higher-earning person will make payments until the recipient has had enough time to gain enough skills and education to support themselves and their family. As such, maintenance in Arizona often lasts for several years.

However, in some cases, the courts may award permanent support. When judges award this kind of alimony to someone, it is usually because they meet the following criteria:

• They are older.
• They had a long marriage.
• They did not work for a long time.
• There is no expectation for them to become self-supporting after the divorce.

How the Courts Determine Need for Marital Support and a Spouse’s Ability To Provide It

When seeking answers to “How long do you have to be married to get alimony in Arizona?” you may wonder how the courts reach their decisions in each case. To fairly evaluate spousal support, judges will consider the need for maintenance and the ability to pay for it. Saying you have less income or fewer assets than your partner is not enough to determine your need or their ability to pay.

Instead, the court requires the person requesting maintenance to prove that their income and assets are insufficient for maintaining a basic standard of living after the divorce. Conversely, the person who would make the payments must demonstrate their ability to meet their needs and still have a considerable amount of income leftover for maintenance.

To prove need and ability to pay, judges review various financial documents, such as tax returns and income statements. Suppose the requesting party is intentionally underemployed or unemployed. In that case, the courts may calculate their earning potential instead of recent income.

Terminating or Modifying a Spousal Maintenance Agreement

If your or your ex-partner’s circumstances change after the divorce, you may request a modification or termination of spousal maintenance. For example, if the courts grant you alimony, but you inherit a large sum, there could be a reduction in support. Depending on the amount, the courts may terminate the agreement altogether.

The same goes for the paying party. If they experience financial hardship due to illness or job loss, they may request a modification.

Contact Lincoln & Wenk for Help Navigating Your Divorce in Phoenix

According to Arizona state alimony laws, there is no specific amount of time that a couple must be married before reaching spousal support eligibility. The factors determining alimony durations include the length of the marriage and the couple’s contributions to it.

Our divorce attorneys at Lincoln & Wenk understand how alimony works in Phoenix, Arizona. We use our knowledge of local divorce law to protect the rights of our clients as they legally transition out of a marriage. If you are ready to request a consultation with one of our skilled attorneys who know the answer to “How long do you have to be married to get alimony?” call Lincoln & Wenk at (623) 294-2464.